c) In the event that the Bank fails or delays in
the practice of any of its rights, authorities or
concession as determined in this agreement, that failure
or delay shall not be deemed as a waiver of that right,
authority or concession.
Fifth: In advance payment:
In case of in advance payment, the Borrower shall
notify the Bank through two modes seven days prior
to the payment in advance:
1) sending a written request or
2) Through Citiphone service (24 hours phone service)
The notice shall include the following:
a) The loan account number;
b) The amount paid in advance;
c) The date determined for the payment in advance.
Interest shall be calculated up till the date of
actual payment. The Borrower shall bear the technical
costs resulting from the payment in advance in accordance
with the schedule of the fees applicable at that time,
which shall be determined by the Bank and pursuant
to its sole discretion.
Sixth: The Guarantor:
1- The Guarantor hereby irrevocably and without any
conditions guarantees that the Borrower shall fulfill
all his obligations under this contract within two
days as of the date of requesting those obligations,
whether such obligations result before or after the
date of concluding this agreement, with the total
amount of the loan granted by the Bank to the Borrower
as well as its interest and generated commissions
and fees. Such guarantee shall continue until the
complete fulfillment of all the obligations and the
guarantor's obligation is a joint and several obligations.
Thus, the Bank is permitted to request the guarantor
to fulfill the obligations severally or jointly with
the Borrower.
2- The Guarantor agrees and hereby acknowledges that
he is equally obliged as the Borrower and that the
relationship between the Borrower and guarantor as
one party and the Bank as the other party considers
both the guarantor and the Borrower as to original
debtors of the Bank and incur all the obligations
on both.
3- The Guarantor personally and on behalf of his heirs
and executers of his will agrees that he shall not
be exempted from his joint obligation as a result
of:
a) Any change that takes place in respect of the terms
of this agreement or the conditions of dealing between
the Bank and the Borrower without obtaining the guarantor's
consent;
b) Concluding any agreement by which the Borrower
is exempted from his obligations;
c) Any act or delay on the part of the Bank which
legally results in exempting the Guarantor from his
obligations; or
d) the reconciliation between the Bank and the Borrower
or in the event the Bank pledges to grant the Borrower
a grace period for payment or promise not to take
legal actions against the Borrower or;
e) In case the Bank loses the insurance cover. In
addition, the Guarantor hereby declares waiving all
his other rights that may be available.
4- The Guarantor's obligation shall be due after
two days from the date on which the Bank notifies
the Guarantor with same in writing by means of a registered
letter notwithstanding whether the Borrower has been
requested to fulfill such obligation or not, or if
legal procedures have been filed against the Borrower
or not.
Seventh: Waiving or assigning rights to third
parties:
1- The Borrower hereby expressively accepts that
the Bank shall have the absolute right and full authority
to sell, waive or assign any debts due on the Borrower
to any third party, which the Bank selects in any
manner whatsoever and whether totally or partially
in accordance with the terms determined by the Bank,
whilst the Bank reserves its right to take legal procedures
against the Borrower on behalf of the buyer, transferee
or assignee; all this without consulting the Borrower
or obtaining his written consent. Such selling, waiver
or assignment shall bind the Borrower to accept the
third party as a sole creditor, a joint creditor with
the Bank or as a sole creditor whilst the Bank continues
to practice its rights under this agreement on behalf
of the third party, provided that the Borrower shall
pay to the third party the amounts due on the Borrower.
Furthermore, all the costs and expenses resulting
from selling, waiving, assigning or carrying out those
rights as well as demanding the due debt on the Borrower
shall be incurred by the Borrower. The Borrower shall
pay the difference between the balance of the loan
amount and the actual amount which the Bank has received
in exchange for transferring its rights to the third
party, which shall be entitled to demand the due payable
amount from the Borrower.
2- The Borrower shall not be entitled to assign any
of his rights or obligations under the current Loan
agreement without obtaining a prior consent from the
Bank.
Eighth: Communication, Notices and Correspondence:
Any notice, letter or other documents sent by the
Bank to the Borrower or the Guarantor shall be addressed
to the address mentioned in the loan application that
is written on the Bank forms and shall be deemed delivered
to the Borrower/Guarantor after two days from the
date such notice, letter, or documents are sent via
registered mail. The Borrower/Guarantor shall notify
the Bank in writing with any change in his address
within one week from the occurrence of such change.
Furthermore, the Borrower/Guarantor shall mention
in all his correspondence the account number and the
registration number in full.
Ninth: Other obligations and Pledges:
1- The Borrower hereby expressly agrees that in the
event he fails to pay any due amounts or considered
to be due prior to their actual due dates, or in case
the Borrower breaches any agreement concluded with
Citibank (including this Agreement) whereby the Borrower
has been granted credit facility, then in any of the
herein mentioned cases, Citibank shall have the absolute
right to practice all its rights stipulated in any
agreement concluded with the Borrower (including this
Agreement) according to the sole discretion of the
Bank and without prejudice to any of its rights determined
in all of those agreements.
2- The Borrower and the Guarantor shall notify Citibank
in writing of all the circumstances that may affect
the financial position of any of them, including all
the changes that may take place in relation to the
occupation or the information submitted by the Borrower
to Citibank through the form of the loan Application.
3- The Borrower hereby authorizes Citibank to conclude
the life insurance policy and to sign it on his behalf
(the Borrower) in addition to enlisting Citibank as
the sole beneficiary of such policy.
4- The Borrower hereby acknowledges and affirms that
Citibank records will be the sole valid evidence of
the amounts due on the Borrower and which the Borrower
is obliged to pay to the Bank. The Borrower further
acknowledges that he waives his right to object the
correctness of the Bank records.
5- All the payments carried out by the Borrower shall
be net without any deductions, counter claims or condition
of any kind whatsoever with the exception of the cases
through which the Borrower is obliged by virtue of
local laws to carry out such deductions. In such case,
the amount paid to the Bank shall be increased to
the actual amount which the Bank would have received
in case of the absence of such deduction.
6- The Borrower hereby acknowledges that Citibank
is entitled to disclose any information relevant to
the Borrower's accounts when required by any competent
authority by virtue of law.
7- The renewal of the car license is conditional
upon the approval of the Bank according to its sole
discretion, on the basis of, including without limitation,
the regular payment of the installments by the Borrower
and the presence of a valid insurance policy.
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